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Protesters gather as attorneys argue key issues in George Floyd case - Press Herald

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MINNEAPOLIS _ Highly organized, peaceful protesters took over the block in front of the heavily fortified Hennepin County Family Justice Center Friday morning where the pretrial hearing was underway for four former Minneapolis Police officers charged in the May 25 killing of George Floyd.

The group swelled throughout the morning to a peak of several hundred as the hearing began inside and out of sight at 9 a.m. Throughout the morning, they chanted: “indict, convict, send those killer cops to jail. The whole damn system is guilty as hell.”

The protesters wore black face masks with white writing that read, 8:46. As the session began, the protesters lay silently on the ground for that duration, eight minutes and 46 seconds _ the same amount of time Floyd was pinned beneath the knee of former Officer Derek Chauvin in the street outside Cup Foods in south Minneapolis.

As they rose, Marvin Gaye’s emotional voice came direct and clear, “Mother, mother, There’s too many of you crying,” _ the first verse from “What’s Going On,” the late singer’s plea for peace, released in the early 1970s.

The crowd occupied much of the S. 4th Street block between Marquette Avenue And S. 2nd Street, which was closed to traffic in front of the building that on most days is the site of family court matters such as divorces and custody arrangements. The building was boarded and concrete barriers along with wire fencing were constructed outside the facade. Sheriff’s deputies stood guard in the front and the back.

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Protesters hold a die-in outside the Hennepin County Family Justice Center where four former Minneapolis police officers appeared at a hearing Friday, Sept. 11, in Minneapolis. AP Photo/Jim Mone

Attendance at the hearing inside was tightly limited because of the COVID-19 pandemic, and protesters could neither see nor hear what was happening inside, but their message was consistent. They opposed defense motions to dismiss the charges against the officers or move the trial to a courthouse outside of Minneapolis.

Elizer Darris of Minneapolis took off his “Breonna Taylor” face mask and encouraged those present to keep up the pressure beyond Friday’s hearing in front of Hennepin County Judge Peter Cahill.

“This isn’t a moment; it’s a movement,” Darris said.

Like all the speakers he called for the trial to be held in Minneapolis _ not moved to another courthouse as defense lawyers have sought. “They murdered him here,” Darris said. “We demand justice. This is our pain,” he added. “We will not let you take this dirty laundry to St. Cloud.”

Protest organizers monitored the perimeter of the event, some carrying First Aid supplies, water and food. They coordinated with emergency responders when one man appeared to faint and required medical attention.

As they watched and listened, protesters delivered messages with their signs, including, “No clemency for killer kkkops” and “Recall Freeman,” a reference to County Attorney Mike Freeman, whose office is assisting the Minnesota Attorney General in prosecuting the case.

One woman had reconfigured an image of a blue Minneapolis Police badge to read “Murderous City of Lakes Police.”

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Derek Chauvin, from left, J. Alexander Kueng, Thomas Lane and Tou Thao.

A series of speakers delivered a similar message of persistence against police violence and called for a new, elected community board to reverse police actions. The crowd listened intently, clapping, endorsing and cheering along with each speaker’s comments.

“We have to stop the police from killing us with impunity,” said Jae Yates, who spoke several times.

Throughout the session, protesters called out to the crowd, “Say his name” and the crowd responded, “George Floyd.”

Before they conducted a second 8 minutes and 46 seconds of silence, a group leader said they would stay at the site until Floyd family members who attended the hearing emerged so that they could support them.

The officers had to enter and leave the building in the fenced area near the protesters, but they arrived before much of the crowd had gathered.

Chauvin, the only one in custody while awaiting trial, is charged with murder and manslaughter in Floyd’s death. Three other officers are accused of aiding and abetting him in Floyd’s death.

The motion hearing marks an important turning point that will address whether the trial should be moved out of the county, whether the defendants should be tried in one trial or separately, and how jurors will be selected, among other issues.

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This undated file photo provided by Christopher Harris shows George Floyd. Christopher Harris via AP, File

Inside, Cahill heard arguments on about half a dozen of the motions through the morning, but had yet to issue any rulings.

Thao’s attorney, Robert Paule, argued in opposition to the prosecution’s motion to try all four of the former officers together, saying that “there are going to be side attacks (from other defense attorneys) that I’m going to have to deal with” if they were tried together.

Paule also countered Special Assistant Attorney General Neal Katyal’s argument that four separate trials would taint future juries.

“I think they would be well advised to look in the mirror about tainting the jury pool,” said Paule, who several times criticized public comments made about the case by Minnesota Attorney General Keith Ellison’s office and other public officials.

Cahill said it was too early to decide on a change of venue for the trial. He said Hennepin County District Court has been sending questionnaires to potential jurors to complete at home because of COVID risks and for the sake of expediency. But Paule and Keung’s defense attorney, Thomas Plunkett, argued that the questionnaires should be completed in person at the courthouse because it carries more weight and meaning. Assistant Attorney General Matthew Frank agreed. Cahill said they could start polling potential jurors ahead of the scheduled March 8 trial.

Paule pressed for the change of venue, saying “If I lived in Moorhead I wouldn’t worry about the streets of Moorhead being burned” following a trial.

“There really isn’t a county, would you agree, or a state in this country where there hasn’t been a lot of publicity about George Floyd’s death?” Cahill countered.

Arguments resumed at 11 a.m.

Attorneys for each defendant have filed pending motions to dismiss the charges against their clients, but those matters are not expected to be argued Friday because the judge will decide based on written filings. Prosecutors oppose dismissing the cases.

It’s unclear if Cahill will hand down any rulings Friday. Judges generally take such matters “under advisement” for several days or weeks before issuing a written decision, although they might rule on some matters immediately and wait on others.

The hearing is the first time Chauvin has appeared in-person in the case. He is being held at the state prison at Oak Park Heights, and previously appeared for court hearings from the prison via video conference. Chauvin is charged with one count each of second-degree unintentional murder, third-degree murder and second-degree manslaughter.

His former colleagues _ J. Alexander Kueng, Thomas Lane and Tou Thao _ each are charged with aiding and abetting murder and manslaughter. They have posted bonds, and are out-of-custody.

Each defense attorney filed motions to move the trial out of the county due to media exposure they fear has tainted the jury pool, among other concerns.

A change of venue is typically difficult to achieve. Prosecutors have not weighed in on the topic.

Cahill on Friday will also consider procedural issues, such as how to hold a trial with pandemic protocols, the expected length of the trial, and other issues. The hearing is expected to last three hours. Some of Floyd’s relatives are expected to attend.

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